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HomeMy WebLinkAboutResolution - 2021-R0089 - Contract 15682 with AECOM 3.9.2021Resolution No. 2021-R0089 Item No. 7.11 March 9, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 15682 for a Citibus facility feasibility study, per RFQ 21-15682-MA, by and between the City of Lubbock and AECOM Technical Services, Inc., of Dallas, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: March 9, 2021 DANIEL M. POPE, MAYOR Re ec Garza, City Secretary APPROVED AS TO CONTENT: Bill How n, Deputy City Manager APPROVED AS TO FORM: Attorney ccdocs/RES.Agrmt Contract No. 15682- Citibus facility feasibility study February 25, 2021 Resolution No. 2021-R0089 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15682 is entered into this 9th day of March , 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and AECOM Technical Services, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Citibus Facility Feasibility Study, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of eight (8) months. If the Citibus General Manager determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional three (3) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. P8 I ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $199,987.00, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Pg 2 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. pg 3 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas pg 4 Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit Linsert correct value], attached hereto, under this Agreement, provided that the City approves the retaining of Sub - consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. pg 5 ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: AECOM Technical Services, Inc. Wendy Lopez 13355 Noel Road, Suite 400 Dallas, TX 75240 Telephone: 972-788-1000 Email: wendy.lopez@aecom.com pg 6 C. City's Address. The City's address and numbers for the purposes of notice are: Chris Mandrell General Manager — Citibus 801 Texas Avenue P.O. Box 2000 Lubbock, Texas 79457 Email: cmandrell@mylubbock.us Telephone: 806-775-343 5 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. PS 7 E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver Pg 8 such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract Pg 9 that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. R. This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA teens and conditions. The Engineer shall abide by the clauses, as set forth on Exhibit "C", attached here to, Form PTN-130. S. Neither Party shall be responsible for a delay or disruption in, or inability to provide its respective performance under this Agreement, other than a delay in payment for Services already performed, if such delay is caused by events or contingencies, existing or future, beyond the reasonable control of the claiming Party, including "acts of God," abnormal weather conditions or other natural catastrophes, war (whether declared or not), terrorism, sabotage, computer viruses, civil unrest, strikes, lockouts or other industrial disturbances, pandemics, epidemics, health emergencies, virus (e.g., SARS Cov-2), disease (e.g. COVID-19), plague, changes in law or regulations, quarantine, travel restrictions, discovery of hazardous materials, differing or unforeseeable site conditions, acts of governmental agencies or authorities (whether or not such acts are made in response to other Force Majeure Events), or any other events or circumstances not within the reasonable control of the party affected, whether or not of a similar kind or nature to any of the foregoing (a "Force Majeure Event"). The Party seeking application of this provision shall notify the other Party in writing promptly upon learning of the impact of the Force Majeure Event upon the notifying Party's performance of its obligations under this Agreement. Upon the occurrence of a Force Majeure Event, Engineer shall be entitled to an equitable adjustment to the project schedule and compensation sufficient to compensate Engineer for any increase in the time or costs necessary to perform the Services under this Agreement. Should a Force Majeure Event substantially prevent or be reasonably likely to substantially prevent Engineer's performance of the Services for more than thirty (30) days, then Engineer shall be entitled to terminate this Agreement without breach. In case of such termination, Engineer shall be entitled to compensation for those Services performed as of the date of termination. T. Any opinions of probable construction costs provided by Engineer represent Engineer's good faith professional judgment in light of its experience, knowledge and the information reasonably available to Engineer at the time of preparation of the opinion. However, since Engineer has no control over the market, economic conditions or the bidding procedures, Engineer, its directors, officers and employees pg. 10 and subconsultants do not make any guarantees or warranties whatsoever, whether express or implied, with respect to such opinions and accept no responsibility for any loss or damage arising therefrom or in any way related thereto. Any reliance upon such opinions, whether by City or third parties, do so at the relying parry's own sole risk. U. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY, ITS PARENTS, AFFILIATES AND SUBSIDIARIES OR THEIR RESPECTIVE DIRECTORS OFFICERS OR EMPLOYEES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ENGINEER HEREBY RELEASES CITY AND CITY HEREBY RELEASES ENGINEER FROM ANY SUCH LIABILITY. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY pg 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: RebeL Garza, City Secretary APPROVED AS TO CONTENT: Bill Ho��&, Deputy City2odger APPROVED AS TO FOR Ryplr e, Assist nt City Attorney DANIEL M. POPE, MAYOR Firm AECOM Technical Services, Inc. By: �. Z e �' [Firm Signature pg. 12 FACILITY FEASIBILITY STUDY CITY OF LUBBOCK TEXAS RF0 21-15682-MA SCOPE OF WORK, PRICE PROPOSAL, AND PROJECT TIMELINE �GBRUARY2,2021 CITY OF LUBBOCK, TEXAS AECOM TASK ONE: WORK PLAN, SCHEDULE, OUTREACH AECOM's peerless architecture, engineering, transit and diversity of experience enables our team to approach Citibus and the City of Lubbock's goals through a unique lens that will lead to superior, innovative outcomes. AECOM's project manager, Andrew Ittigson, and our deputy project manager, Steven Duong, will serve as the primary points of contact, directing AECOM's team and responding to project needs throughout the project's schedule. Q� ,g PROJECT MANAGEMENT PLAN The AECOM team will deliver the project through the development of a work plan called the Project Operations Plan (POP) that will be prepared in coordination with Citibus staff. POP Elements include the following: - Tasks and deliverables - Invoice and progress report procedures - Communication procedures for the project - Schedule and budget - Roles and responsibilities (includes organization chart) Quality control and document approval process - Project documentation and file control AECOM will set up the framework for ongoing coordination, which includes establishing a Project Management Team (PMT). The PMT composed by Citibus staff and members of the AECOM team will meet on a regular basis through in -person meetings (if an available option), Teams/Zoom meetings, and conference calls. We understand that due to current restrictions of COVID-19 there may be a period of time where in -person meetings are not permitted. Our team is flexible and able to work through virtual methods or in -person. The focus of the PMT is to guide the project's approach, budget, schedule, and overall direction. The PMT will work together to establish goals, objectives, and stakeholders and Citibus staff. ' PROJECT INITIATION We will schedule a kick-off meeting and will include staff and ideally those individuals who will form the PMT for the project. The objectives of the meeting are to: - Discuss the work plan, milestones, and schedule - Discuss project goals, objectives, and study expectations - Identify and collect all written documents for the project, previous studies, identify data gaps, and identify resources and methods to collect additional data, if necessary Identify/confirm stakeholders for the project Discuss the quality assurance/quality control process PROJECT SCHEDULE Our management team will develop a detailed project execution schedule that delineates project activities, milestones, deliverables, and internal and external agency reviews. The AECOM project management team, Andrew and Steven, will schedule bi-monthly schedule review meetings with the Citibus project manager. Schedule updates and revisions will be issued to the greater project team when milestone or deliverable dates are adjusted, or as deemed necessary by Citibus and AECOM project managers. We will be on the lookout for schedule slippage, and if and when it occurs, AECOM will work with Citibus to mitigate the impacts and keep the project on task. We have learned from experience with other projects that ongoing communication between AECOM and Citibus is the key to mitigating schedule and budget risks. If we see any potential issues our project management team will work with Citibus to find potential solutions. PROJECT MANAGEMENT MEETINGS In collaboration with the Project Management Team (PMT) AECOM will schedule bi-monthly (twice a month) status update meetings. AECOM believes regular communication is essential to the success of the project. However, these bi-monthly meetings would not preclude the need to have additional meetings throughout the course of the project. Meetings would be held virtually (via Microsoft Teams/ Zoom and in -person). The AECOM team will provide meeting minutes to the PMT via email within five calendar days of the bi-monthly meetings. STAKEHOLDER STEERING COMMITTEE To maximize constructive collaboration and engage important partners and sponsoring agencies, the AECOM team will convene a regional Steering Committee of stakeholders to meet at regular intervals (monthly or semi-monthly) throughout the project development timeline. The role of this Steering Committee is assumed to be: To review project analyses, deliverables and key decisions prior to acceptance by Citibus To provide guidance on the methods and messaging for engaging the regional public During the project initiation phase, the AECOM team will work with Citibus staff to review and refine a list of invited members, seeking to establish a group that is workable in size (preferably 25 or less) and also representative of the geography and diversity of the Lubbock Region. It is also assumed that this Steering Committee will be made up of a mix of governmental, non-profit, business, and other community representatives. ICI MONTHLY REPORTING/INVOICES A month -to -month project schedule will be coordinated with the PMT early in the process. The schedule will define major project milestones/ deliverables and proposed dates of project committee meetings and public involvement/outreach efforts. Each month, we will submit a progress report to the Citibus project manager and PMT along with the invoice covering charges for that same time period. The report will document the hours spent by task during the previous month; the cumulative hours to date; a comparison to the budgeted hours; and a description of tasks or deliverables completed during that month. * — QA/QC — AECOM's Quality Management System (QMS) is compliant to the ISO 9001:2015 standard. As such, it is fully documented and consists of policies, supporting procedures and instructions, and other controlled supplemental documents. Our QMS is designed to ensure compliance with our Quality Policy. This policy enables us to identify, measure, control and improve our core business processes, leading to improved business performance; this enables us to deliver services in a manner that meets our client's expectations and is consistent with the generally accepted professional standard of care. AECOM's corporate policy creates the framework, but team members will develop a tailored approach that responds directly to Citibus' unique needs, with quality identified as a critical component of this study. Quality assurance and quality control will begin at project initiation with the creation of a Quality Control Plan, which will delineate the specific actions to be taken to verify that all deliverables are responsive to Citibus' needs and are thorough, complete, and meet the standards of professional care. PUBLIC INVOLVEMENT PLAN Jodi Hodges will lead our team's engagement efforts and work with Citibus and the technical team to prepare a Public Involvement Plan (PIP). She will execute that plan continuously throughout the project in coordination with the project team and in ways to effectively collect critical input that will inform all the technical and topical components of the plan. The PIP is central to project success and will include engagement and education methods for stakeholders and the public. Methods, techniques, and tools will be created for a broad range of uses and formats and will include overall themes of accessibility, mobility, and equity. The PIP includes goals for engagement and education, identifies outreach groups, contacts, methods of engagement, integrated engagement and project coordination schedule, and the toolbox of resources appropriate to achieve engagement goals. Engagement methods will include a range of meeting sizes, interactive events, and social media engagement, among others. These methods will be defined as appropriate and based on specific engagement goals. DELIVERABLES: Project Management Plan (PMP) Public Involvement Plan (PIP) Monthly invoices including progress reports and balance to completion by task AECOM TASK TWO: COLLECT DATA+ ASSESS NEEDS Task 2 provides foundational information necessary for the evaluation of transit and operations facilities. The task will include data collection activities, a review of existing relevant plans for Citibus and the City of Lubbock, and a peer review intended to identify comparable transfer and maintenance facilities. The task will inform later tasks within the project. DATA COLLECTION, PLANS REVIEW, AND PEER REVIEW Beginning with data collection, the team will develop a list of data needs. We will leverage prior knowledge from working with Citibus to expedite gathering relevant information from the recent Citibus Comprehensive Operations Analysis (COA). The team will also work with Citibus to collect relevant data and plans needed for both transit and maintenance facilities planning and office facilities planning. The Plans Review will provide summary level information on potential transit plans Citibus may be undertaking in the future and any development plans for the City of Lubbock that may be relevant to the siting of potential facilities. This peer review will provide information for comparable transit transfer and maintenance facilities, including park and rides, and barriers to implementation. The AECOM team will conduct a peer review of transit agencies that are comparable to Citibus, based on key metrics including operational characteristics. We will identify other systems of similar size that serve a large university, preferably these would be cities in the south and Midwest. Our experience in planning for transit agencies of various sizes and with differing constraints gives our team a deep well of institutional knowledge from which to draw. DEMOGRAPHIC AND TRANSIT NEEDS ASSESSMENT This task will build upon information identified above. The AECOM team will employ transit planning tools developed through our experience to understand transit dependent populations within the study area. This information will be used in later tasks to assist in site selection of the bus transfer center, the potential for park and rides in key locations in Lubbock, and Citibus maintenance facilities. Additionally, this information could provide an analysis overlay assessing the potential for job creation related to the relocation of Citibus administrative and maintenance facilities. The team will also assess transit operations changes related to route, frequency, and span of service changes identified in the Citibus COA to identify challenges and opportunities related to transfer, park and ride, and maintenance facility relocation. For the relocation of the bus transfer facility and any potential park and ride stations or mobility hubs, consideration of public input is essential to the successful movement of a crucial transfer point within the service area. The AECOM team in collaboration with Citibus, stakeholders, and the community will work together to identify community needs and challenges with the transfer center relocation. Through our work on the COA, we have a deep understanding of mobility and equity challenges within the Citibus service area. Additionally, we have mapped and studied transit generators and drivers within the service area. This deep knowledge of Lubbock and Citibus will help us save time throughout Task 2 by capitalizing on existing knowledge, maps, and data. amTRANSIT FACILITIES GAP ANALYSIS Finally, the AECOM team will assess the data collected, reviewed plans, and peer review to produce a series of goals and objectives that address identified gaps or needs for the project. Goals and objectives are intended to serve as guides for actions to be developed in later tasks. DELIVERABLES: Transit Facilities Data Collection, Existing Conditions Review, and Gap Analysis Technical Memorandum m, CITIBLIS FACILITY FEASIBILITY STUDY CITY OFLUBBOCKTEXAS I RFP21-15682-MA v TASK THREE: VALIDATION OF SPACE Our team will host guided conversations to determine how space is being used, unmet needs, and future expansion. This step will define requirements to be in each facility. AECOM will conduct a space needs analysis using information collected in Task 2. The following information will be collected: Staff by type and number -historic, current, and projected Current space allocations and unmet space needs Training needs - Safety and security needs - Equipment with significant impact on space needs - Degree of automation and communication - Data/record storage practices and requirements - On -site vehicle and equipment storage and security needs Parking needs (employee and visitor) and traffic generation characteristics - Future expansion plans Space needs for site circulation and runoff. Our team will create a customized spreadsheet to assign space requirements for Citibus based on the existing system and projected growth. The facility components included on the spreadsheet, will be finalized once they are approved by Citibus; and would at a minimum include the following: Administrative office space based on projected staff levels Operations workstations (e.g. dispatch, scheduling) Maintenance office space Support areas (e.g. reception area, conference rooms, storage, rest rooms, break room, driver amenity areas) Maintenance bays and safety zones Mechanical storage Wash bays Fueling Vehicle parking (employee and visitor) Fleet parking Circulation Passenger transfer shelter The spreadsheet will provide average square foot assumptions for each component of the proposed facility to yield a total square footage requirement for the proposed facility. The required square footage will be combined with exterior features such as parking, vehicle storage, maintenance areas, stormwater, site access, and circulation to determine the total land area required to accommodate the proposed facility and operation. AECOM will then create an engineering scaled conceptual site layout (schematic) of the proposed facility based on the space needs analysis to determine the land area needed for the new facility. Site layout will be to scale and show the administration and operations facility, maintenance areas, parking, access, and site access. DELIVERABLES Summary of facility vision and data analysis Rule of thumb space requirements Test fit scenarios 9u! 6fo"K.E Bu0.oM ca2nca rotua.A[A--- i Ar�e�aomo ..may/ i i I SIMILAR EXPERIENCE AECOM provided programming, design, and construction document services for the University of Michigan for a new transit operations complex. The facility was designed to improve the operational efficiencies among several transportation and facility service departments. The facility will accommodate functions that include transportation administration, transportation operations, bus and vehicle maintenance, fueling and wash bays for buses and fleet vehicles. AECOM TASK FOUR: IDENTIFICATION OF SITES AECOM proposes a parameter -based approach to identifying suitable sites for the transit facility. Property records and data for each parcel in Lubbock will be organized into a comprehensive excel database. This database will link several of Lubbock's data sources along with AECOM's together and allow quick identification of sites through APN (Assessor's Parcel Number). AECOM envisions this database to house the following information Land Acreage Ownership & Owner Type Location Site Dimensions Tax Assessed Values Parcel Zoning Flood Risk Area Parcel Elevations Utility Linkages Current Use Existing Improvements Site Easements Area Demographics Surrounding Uses / Zoning Proposed Development Distance to Highway Ramps Distance to Nearest Bus Stop Traffic Counts Site Frontage Environmental Condition Sale History Listing Status While acknowledging some of this data may not be accessible, AECOM will refine the available data to extract meaningful conclusions. Parcel by parcel, a usable acreage figure will be calculated by overlaying and subtracting flood risk areas, steep elevations, and preservation areas. Using spatial data, buffers will be created around major thoroughfares to determine which parcels are in close proximity. Sale records will be aggregated to determine a reasonable value range for any potential acquisition. Broker interviews and calls will also refine the dataset and gauge the strength of the Lubbock market. Our team will define a minimum acceptable threshold to start eliminating parcels not suitable for development or repurpose. Parcels will be filtered through to ensure sites zoned for industrial uses are retained. Adjacent uses will be reviewed to ensure new development has minimal impact on the community. Sites that have existing development plans or are under construction will be eliminated. Sites that have newly constructed improvements or buildings will also be eliminated. AECOM will identify ownership for each parcel and "dissolve" boundaries between parcels with the same ownership. This ensures filters using land size will capture one contiguous site and multi parceled properties meeting our size requirement and under one owner will not be eliminated. AECOM will also enhance the database with proprietary data sources including an inventory of all existing sites marketed for sale. The database and filtered parcel set will be linked to an online GIS map allowing the city to quickly visualize all changes to filters or rankings in real time, At the end of Task 4, AECOM will identify the broad universe of parcels suitable for the development of a transit facility. AECOM envisions more than 3 sites will pass this initial screen, but further intensive screening in Task 7 will narrow down sites. DELIVERABLES -- Three potential site options for transit administrative/maintenance facility AECOM TASK FIVE: ROUTES AND FACILITIES BALANCE AECOM and Fehr & Peers will evaluate how the Citibus routes and the newly implemented microtransit service may need to be adapted to proposed transit facilities, especially potential new locations of the Downtown Transit Plaza, additional mobility hubs, and identified future transfer points. Once route and service alternatives are identified for the new facility location, each will be presented to the community through our public involvement strategy and refined into a preferred route and service scenario for each new location. The overarching goal will be to develop an updated routing and operating plan for each facility that ensures safety, reduces operational headaches, maximizes efficiency, and prioritizes customer experience. DELIVERABLES Routes and Facilities Balance Technical Memorandum `. AECOM TASK SIX: PUBLIC INVOLVEMENT Public and stakeholder engagement will be an important component to the success and implementation any planning effort. The goals of public outreach are to gather input from those affected by the plan and explain how they can become engaged. To meet those goals, AECOM with support from K Strategies will use a variety of techniques and tools that will engage the diverse stakeholders found in the community. Prior to the start of the task we will work with PMT to make any updates to the Public Involvement Plan (PIP) including the engagement goals, objectives, key messages, target audiences, tools/methods and schedule. ESTABLISHING TARGETAUDIENCES We will start by established target audiences for each facility project by picking up where our team left off. The hallmark of our Public Involvement Plan will be to leverage our project team's local contacts and community connections established during the recent Citibus COA process. Because our team led the public involvement for the COA, we have an understanding of who to talk to about which issue. Consideration of a new Downtown Transit Plaza location involves a much different message and group of stakeholders versus discussing where the Citibus maintenance and administration facility is best located. STEERING COMMITTEE As outlined in Task 1 a steering committee provides an opportunity for stakeholders to consider issues in more detail. The group should include stakeholders representing all sides of an issue, so that community values can be reflected in the final plan, adding credibility to the process. A task force/steering committee could be formed to provide guidance and assist with developing recommendations for the plans. APPROPRIATE MESSAGING TOOLS As further discussed below, public involvement tools will vary based on the target audience and the specific facility project we are seeking input on. Possible tools may include: - Meetings (possibly virtual, dependent on local health guidelines) - Power Point presentations to key stakeholders such as the Chamber, downtown business groups, elected officials, etc. - Web content for the City website - Project road map with estimated timelines - Fact sheets (distributed at public places throughout the City and posted online) - Earned local media or press releases PUBLIC MEETINGS/PUBLIC HEARINGS Public meetings are one of the most effective ways to engage the public. Public meetings will be held at key milestones in the planning process. A variety of meeting formats, such as open houses, facilitated small groups, and workshops can be used for public meetings. The most appropriate format will be determined based on each meeting's objectives. With any public meeting format, we provide a welcoming atmosphere and use methods to actively involve participants. Methods that have been successful in the past have included drawing on maps, clicker polling, and showing visualizations. The public meetings will be promoted in multiple ways to reach all stakeholder groups. Email distribution lists, targeted mailings, and placing ads in newspapers are just some techniques we use to invite the public to attend. AECOM has also developed a sophisticated Virtual Public Engagement Toolkit in order to respond to social distancing rules. Acknowledging the current state of the world with the pandemic among us, our team is also prepared to fully engage in virtual meetings and online public outreach. We have a great number of tools available that can help bring people together and obtain meaningful input, such as virtual open house tours and town halls using Facebook and Instagram. WEBS ITE AND ONLINE ENGAGEMENT/SURVEYS SOCIAL MEDIA A dedicated project website provides a convenient way for the public to get information at their own pace and schedule. We will work with the client to create a website exclusively for this project. The website will include information about upcoming outreach opportunities, provide visuals and graphics, and provide areas for people to provide feedback and input online. We have also had success with interactive online public meetings which supplement an in -person meeting up to a certain amount of time (i.e. two weeks). Other online engagement methods, including conducting online surveys, facilitating interactive surveys and holding interactive online meetings, will be also be options. AECOM Different age and demographic groups receive information in different ways. Social media can be a powerful way to engage audiences. When appropriate, social media sites like Twitter and Facebook will be used to promote the project, announce upcoming events, or to start a two-way conversation on an important issue. We will work with the client to identify target audiences, determine which social media outlets should be used, and develop the messages and tools. GRAPHICS All public outreach materials will be highly graphical using infographics and high quality images to convey complex technical materials in a simple way to the general public and stakeholders. It is critical that boards, presentations, surveys and other outreach materials are able to effectively tell the story of the planning effort. No Text TASK SEVEN: SITE SELECTION CRITERIA AECOM will review in detail the site specific characteristics of each site within the filtered universe of parcels. A development scorecard will be created to gauge the suitability of sites with points assigned to key factors. These factors included. Future Expansion Potential (5) Utility Connections (5) Environmental Condition (5) Site Configuration & Dimensions (5) Site Accessibility (5) Highway & Thoroughfare Access (5) Listing Price / Est Market Value (5) Impact of Tax Base (5) Public Opinion (5) *Mutually Exclusive Features Potential criteria could include: Actively Marketed for Sale (10) *Current City Facility (10) Positive Community Impact (5) Sites that are either already owned by the city or readily available for acquisition will score more points on the scorecard. AECOM will conduct a thorough review of the city's existing real estate holdings for potential improvements that can be repurposed. Points of congestion will be identified using traffic counts and sites adjacent to congested roads will score lower. Sites with utilities in -place will score more points than sites that are raw. AECOM will further refine these factors based on collaborative discussions with the City of Lubbock to create a unified scorecard. Based on the cumulative sum of the scorecard, the sites will be ranked in order of most attractive for development. For these top sites, AECOM will develop preliminary site layouts and provide cost projections for site preparation and development. One recommended preferred site will be selected through the join collaboration of the City of Lubbock and AECOM. AECOM TASK EIGHT: IMPLEMENTATION PLAN AECOM understands that the unique challenges, opportunities and associated tasks outlined above will require a bright "north star" to continue the work of this study. An implementation plan that clearly outlines the next steps and direction for both public and private partners is a critical component of this project. The next steps will be defined in the implementation plan designed to guide additional evaluation and site - specific analysis after the site is selected. As a full -service planning and engineering firm, AECOM has experience in taking projects from the planning/conceptual phases through final design and construction. We will develop an implementation plan that guides the City through project prioritization with an eye on final implementation. We will identify key milestones, constraints, and market indicators to determine the best timing for leveraging public- and private -sector investments to bring the preferred alternative development scenario to fruition. This includes identifying the timing for recommended project elements and policies. To aid project prioritization, elements will be evaluated to determine short-, mid-, and long-term implications. FACILITY DESIGN The team will develop space plans for both relocated bus transit center and maintenance facility that incorporates Citibus' design and operational requirements and uses best practices for facility design. The space plan will provide total facility site size recommendations. The plan will include, at minimum: - Lot lines and dimensions - Setbacks - Building footprints - Streets and driveways - Parking lots and/or structures UPDATED ROUTE SERVICE PLAN A route service plan will be developed to define routing and service changes necessary to adapt to new facility locations. The route service plan will describe in detail each facility and the associated route and service changes including updated route maps, schedule adjustments, phasing, ridership impacts, supporting bicycle and pedestrian infrastructure needs, and operational considerations. COSTS/FUNDING Cost estimates of infrastructure and facility improvements will be developed to provide a rough order -of -magnitude estimate based on the recommendations. The team will generate a range of funding and financing options matched to the specific facility plans and capital planning. It will build on the existing Citibus funding sources, with an extensive set of potential sources that are tailored around local funding constraints and Texas legislation. The capital funding tools will be vetted, providing Citibus with an understanding of its options across a continuum from conservative to optimistic. This will be especially important in the near to mid-term financial planning when many funding sources will be negatively impacted by COVID-19 related revenue declines. In addition to local and state funding resources, the team will evaluate federal sources, such as Federal Transit Administration's (FTA) Small Starts, New Starts, and Low/No Emission Bus Grants, and U.S. DOT's Better Utilizing Investments to Leverage Development (BUILD Transportation Discretionary Grant). SCHEDULE A Phasing Plan will be created that will provide the basis of the schedule after the facility sites are recommended. A key element of this plan will be temporal scale. For example, the plan might DELIVERABLES identify interrelated route changes and crucial site entitlements that need to occur in sequential order. Final Report (including Implementation Plan) The Phasing Plan will clarify staging activities required before a given facility project is possible and will also show how certain efforts could be adapted to different scenarios such as less -than -expected funding or accelerated implementation. Additional partnerships, required policy changes, and organizational impacts including staffing will be fully described. SIMILAR EXPERIENCE NAIPTA Downtown Connection Center Facility Design, Flagstaff, AZ: AECOM is conducting environmental planning and design work to develop a new downtown transit connection center. The project will optimize transit in the community by strategically locating the connection center so it can be easily accessed by the public and improve the bus routing efficiency. This study includes site selection, market analysis, environmental documentation, and concept design, as well as stakeholder coordination. Close coordination with the City of Flagstaff and ADOT, as well as Amtrak, BNSF, USACE, and other agencies, was integral to the project to develop the site concept, operations, impacts to adjacent transportation network, and joint development opportunities. A key element of the site design included accommodation of existing and future rail operations adjacent to the parcel. The design concept accommodates the weather conditions, including snow storage, sun angle analysis, and shelter design. The market analysis included an economics assessment of trends within the downtown and broader Flagstaff community to understand potential joint development opportunities for the DCC, space requirements for joint business and office space, and general market demand.. AECOM O 1C fY 1� N A Oml N C yyO O M1 � � O C N n Z'g Y F6 Q IOi FZLL �61� m oo tND f0 rn N O� d N d mmO m N N q Nq d N r m N r p mp�� N O ry N mNm b r O N f(/p� N O ry N N N N N N^ o N O h m 1(1 N N N N N N N d N N N N O N N O f`J N N m �/ m N N N N N y w N p M V N N Ol nj M ci IV y W a m M y N 01 rw N O COp COp N m INO N r N� m fm0 N N N 10 n m d d N N 0 0 N 0 m d N O m m m d O N N N O m N N 0 N N O O N 00 0. N N N N M N N N P N M m N w m N N M N m M m 9 'L ry S T N O ry N N N N N N N N N m m d N w w mN N N N O O m �O O N N �Op O O N y � N pj N pj f0 m d Ol �• D [t O O ry O N ' N N m N N� O N m N N N N M N M N m � 01 N m M N M • ",� d N N N b O O N N 11 wwin $ y ' w M p m � N of y m' p Oppp M N /N N N N H W M M p M N N th N N m N b n m N d m T d O 10 me O� m H y N O d O N O N N M N N M N N ry000mmnmooa oaaom o o$ o g N $ r Or N N b O r b v Cm9 iel O T N d O' � po o 0 N o W n c q ■$■ rn E c m c E c m m o cl o J e m E W F LL LL fT) h vi LL Z W rc z CCIIIII LL LL O 1- R a M S Y. Y r 8 IIYY a I Ci �2 a pc yocoy�� y C qr c Yc� rr, E 0 0 I C o 0 Ur I K i I � w LNy1 mQ. J � qdq W�. pm SCHEDULE TASK • 1 2 3 4 5 6 7 a 0 Develop Work Plan, Schedule and Outreach Program Collect Data and Assess Needs 4 . Validation of Space Needs Identification of Sites © Routes and Facilities Balance 0 Public Involvement Site Selection Criteria Implementation Plan Q Project Milestone 0 Project Deliverable 0 Public Involvement AECOM N O N Q m W LL H W C7 C in U W O ix d m N w Y C a c� m p a � w Y S•9 N �g ca U Q LL ��'� c �61� Y 1-6 Z� FZ6 0 10 0 0 t0 N W W$ N N d N N ONi W lV v N n d b m n � N vi . 'A4 Yt 4 I� H N N N N M N N N N N N N H H I w y N � dN N CI 8 M H ^ N O O O N N N W t0 W W O N O 10 W N d ' N d 0 N 0 0 N d W O N m W d m N O N N m O N N m 0 W O Od w am W W P N N M w N N N N 0 K OON K n 0 d W 0 O N W N OD Omi O WWW h N W !9 N .6 14 4 N W p N N N N N H N H n N N O N O O� W O m ee N pp .p O O N N H N M W b M M M N P N •1 O � � W n N d N W N n N n N N N N N N H N n 7d1 M H M 0 N N' N W ' H W d O a OOD m 0m N H OHO dN b • � N N Np N d d N N O� M n N m O N O O 0 0 W 0 u! p O t0 O W O O d O. O m m d W W 0 0 N O d 0 0 n N d d n in N N of � m N H a M d o N N ai fc �D m N H a m N � q N N H m ci d m N N m m o F LL 0 nN 0 N 0 N N 0 N 0 M O m y c m X6 W y f mo �y 2o 2u W cb {{�� oo•NNY o x� c < !s� o ee m 9s o o � a q o� $b i• Off. LL Ul f71 LL Z W K K gyp( W Q p a & 3 3 PTN-130 CONSOLIDATED CERTIFICATION FORM I. GENERAL: The undersigned vendor certifies to abide by these clauses and include the following clauses in each subcontract financed in whole or in part with Federal Transit Administration (FTA) funds. Vendors are certifying by reference the entire list of FTA's current fiscal year Certifications and Assurances (for fiscal year: 2021 ), and shall download the same at: httos://www.transit.dot ciov/fundinQ/grantee-resources/certifications-and-assurances/certifications-assurances A. Access to Third Party Contract Records (ALL) As required by 49 U.S.C. § 5325(g). The VENDOR agrees provide sufficient access to records as needed to assure proper project management and compliance with Federal laws and regulations. B. Interest of Members of or Delegates to Congress (ALL) The vendor certifies that no member of or delegate to the Congress of the United States (US) shall be admitted to any share or part of this contract or to any benefit arising therefrom. C. Prohibited Interest (ALL) The vendor certifies that no member, officer or employee of the Public Body or of a local public body during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. D. Cargo Preference - Use of United States -Flag Vessels ropedy transported on ocean vessels) The vendor agrees: a. to use privately owned US -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the US or within 30 working days following the date of loading for shipments originating outside the US, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading). E. Energy Conservation (ALL) The vendor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. F. No Obligation by the Federal Government. (ALL) The Purchaser and vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract). G. Program Fraud and False or Fraudulent Statements or Related Acts (ALL) The vendor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S. C. §3801 at seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this project. The vendor certifies truthfulness and accuracy of any statement it makes pertaining to the FTA-assisted project. The vendor acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement, submission or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 as deemed appropriate. The vendor acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement submission, or certification to the Federal Government relating to the FTA-assisted project, per 49 U.S.C. §5307, the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, as deemed appropriate. H. Contract Work Hours (allover 100K) (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times AECOM FORMS (2) Violation; liability for unpaid wages; liquidated damages - in the event of any violation of the clause set forth in paragraph (1) of this section, the contractor & any subcontractor responsible therefore shall be liable for unpaid wages and shall be liable to the United States for liquidated damages which shall be computed for each individual laborer, mechanic, watchman or guard employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day that an individual was required / permitted to work over 40 hours in a workweek without payment of overtime wages required by the clause in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The purchaser shall upon its own action or upon written request of the Department of Labor (DOL) withhold or cause to be withheld, from any money payable for work performed by the contractor or subcontractor under any contract or other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as set -forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall include the clauses set forth in this section and require the same from subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these clauses. (5) Payrolls and basic records - Payrolls and related basic records shall be maintained by the contractor during the course of the work and preserved for three years thereafter for all laborers and mechanics working at the work site (or under the United States Housing Act of 1937 or the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address and social security number of each worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records showing that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and records of the costs anticipated or actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of registration of apprenticeship programs, certification of trainee programs, registration of the apprentices and trainees, and ratios & wage rates prescribed in applicable programs. I. Civil Rights (over 10K) (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act (CRA), as amended, 42 U.S.C. §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §12132, and Federal transit law at 49 U.S.C. §5332, the vendor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the vendor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VI of the CRA, as amended, 42 U.S.C. §2000e, and Federal transit laws at 49 U.S.C. §5332, the vendor agrees to comply with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, DOLT' 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §2000e note), and with any applicable Federal statutes, executive orders, regulations and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The vendor agrees to take affirmative action to ensure that applicants are employed & treated during employment without regard to their race, color, creed, national origin, sex or age. Action shall include but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. §§623 and 49 U.S.C. §5332), the vendor agrees to refrain from discrimination against present and prospective employees for reason of age. and comply with any implementing requirements FTA may issue. AECOM FORMS (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act (42 U.S.C. §12112), the contractor agrees to comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. and to comply with any implementing requirements FTA may issue. J. Incorporation of Federal Transit Administration (FTA) Terms (ALL) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any transit agency requests which would cause the transit agency to violate FTA terms and conditions. K. Application of Federal. State. & Local Laws. Regulations. & Directives (Federal Changes) (ALL) The VENDOR agrees that Federal laws and regulations control project award and implementation. The VENDOR understands and agrees that unless the recipient requests FTA approval in writing, the VENDOR may incur a violation of Federal laws or regulations or this agreement if it implements an alternative procedure or course of action not approved by FTA. The VENDOR understands and agrees that Federal laws, regulations, and directives applicable on the date on which Federal assistance is awarded may be modified from time to time. In particular, new Federal laws, regulations, and directives may become effective after the date the project agreement is effective, and might apply to that project agreement. The VENDOR agrees that the most recent versions of such Federal laws, regulations, and directives will apply to the administration of the project at any particular time. L. Right of the State Government to Terminate (ALL) Upon written notice, the VENDOR agrees that the State Government may suspend or terminate all or any part of State assistance if terms of the project agreement are violated, if the State Government determines that the purposes of the laws authorizing the Project would not be adequately served by the continuation of State assistance for the Project., if reasonable progress on the Project is not made, if there is a violation of the project agreement that endangers substantial performance of the Project, or if the State Government determines that State assistance has been willfully misused by failing to make appropriate use of Project property. Termination of State assistance for the Project will not typically invalidate obligations properly incurred before the termination date to the extent those obligations cannot be canceled. The State Government reserves the right to require the refund of the entire amount of State assistance provided for the Project or a lesser amount. M. Disputes. Breaches. Defaults. or Other Litigation (over 150K) The VENDOR agrees that FTA has a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: a. Notification to FTA. The VENDOR is aware that recipients of Federal assistance must notify FTA in writing of any current or prospective major dispute, breach, default, or litigation that may affect the Federal Government's interests in the Project or the administration or enforcement of Federal laws or regulations. If the Federal Government is to be named as a party to litigation for any reason, in any forum, the appropriate FTA Regional Counsel is to be notified in writing before doing so. b. Federal Interest In Recovery. The VENDOR is aware that the Federal Government retains the right to a proportionate share, based on the percentage of the Federal share awarded for the Project, of proceeds derived from any third party recovery. C. Enforcement. The VENDOR agrees to pursue its legal rights and remedies available under any third party contract or available under law or regulations. d. FTA Concurrence. The VENDOR is aware that FTA reserves the right to concur in any compromise or settlement of any claim involving the Project. e. Alternative Dispute Resolution. The VENDOR is aware that FTA encourages the use of alternative dispute resolution procedures, as may be appropriate. f. Agency Process. AECOM FORMS NEINIFITIBUSFACIL r+ N. Fly America (foreign air transport or travel) The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 0. Regycled Products (all products) The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. Access for Individuals with Disabilities (ALL) The VENDOR agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The VENDOR also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S. C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition, the VENDOR agrees to comply with applicable implementing Federal regulations any later amendments thereto, and agrees to follow applicable Federal directives except to the extent FTA approves otherwise in writing. Among those regulations and directives are: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (5) U.S. _DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19; (7) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; (9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194; (10) FTA regulations, 'Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing. AECOM FORMS Q. Debarment and Suspension (over 25K) The vendor hereby certifies that it and its principals have not presently or within a three year period been debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal agency; and the vendor hereby certifies that it and its principals have not presently or within a three-year period been convicted of or had a civil judgment rendered against them for the commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, state or local) transaction; violation of Federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. R. Clean Water & Air (over 150K) The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§7401 at seq. The vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to the FTA and the EPA. S. Non -Lobbying (over 150K) The undersigned certifies to the best of his or her knowledge and belief that: 1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence any officer or employee of an agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, USC. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. T. Lobbying and Disclosure Certification FName of Company Printed Name of Person Completing Form AECOM Technical Services, Inc. Wendy Lopez, PE Date 12/21 /2020 Signature A ) AECOM FORMS U. CERTIFICATION TO PURCHASER: A. The undersigned vendor certifies that the manufactured good(s) furnished will meet or exceed the specifications, and/or that services rendered will comply with the terms of the solicitation or contract. B. The undersigned vendor certifies that it has read all of the bid, proposal, or contract documents and agrees to abide by the terms, certifications, and conditions thereof. Name of Company AECOM Technical Services, Inc. Address 13355 Noel Road, Suite 400, Dallas, Texas 75240 Printed Name of Person Completing Form Wendy Lopez, PE Telephone 214.672.2801 Signature Date 12/21 /2020 SS# or Tax ID # 95-2661922 Description of Commodity or Service Feasibility Study Disadvantaged Business Enterprise Information Type of Organization (circle) Sole Proprietorship General Proprietorship Is your firm a DBE? ❑ (yes) ® (no) ® Corporation Limited Partnership If yes, what type? Limited Proprietorship V. Disadvantaaed Business Enterorises (DBE) Certification (Transit Vehicle Manufacturer or TVM) The vendor will provide products compliant with 49 CFR 26.49 regarding the vehicle manufacturer's overall DBE goal. Name of manufacturer of vehicle(s) to be delivered: NA W. Disadvantage Business Enterprise (DBE) Race -Neutral Required Clauses (Non-TVM): The DBE rules set forth in 49 CFR Part 26 apply to all contracts funded in whole or in part with Federal DOT funds. Contracts and subcontracts must contain the clauses listed in 49 CFR 26.13 and 49 CFR 26.29. Sub -recipients with contracts that contain a DBE goal must coordinate with their PTC in order to ensure solicitations and contracts comply with DBE requirements. 49 CFR 26.13 -- What assurances must recipients and contractors make? Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible." 49 CFR 26.29 -- What Prompt Payment Mechanisms Must Recipients Have? Grantees must establish a contract clause requiring prime contractors to pay subcontractors for satisfactory performance no later than 30 days from receipt of each payment the grantee makes to the prime contractor. This clause must require the prompt return of retainage payments from the prime contractor to the subcontractor within 30 days after the subcontractors work is satisfactorily completed. For more information on these please review 49 CFR 26.29 and the FTA Best Practice Procurement Manual AECOM FORMS X. Altoona Test Certification (for rolling stock purchases) (Check one of the following): ❑ The vehicle has been Altoona tested, report number: Nnt Annlirahlp ❑ The vehicle is exempt from testing IAW 49 CFR 665. ❑ The vehicle is currently being tested at Altoona. Funds will not be released until the purchasing agency gets a copy of the Altoona test report, as appropriate, per 49 CFR 665. Y. Federal Motor Vehicle Safety Standards (FMVSS) Certification (for rolling stock purchases) Any vehicles provided by the vendor will comply with all applicable FMVSS. The vendor shall submit 1) manufacturer's FMVSS self -certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. FMVSS Certification Name of Company Printed Name of Person Completing Form AECOM Technical Services, Inc. Wendy Lopez Date Signature 12-21-2020 Not Applicable to this Contract Z. Buy America (Check where applicable): (over $150K rolling stock, construction, materials) ❑ The vendor or offeror hereby certifies it will comply with the requirements of 49 USC 53230) and the applicable regulations in 49 CFR 661, providing Buy America compliant manufactured goods or rolling stock. ❑ The vendor or offeror cannot comply with the requirements 49 USC 53230), but may qualify for an exception to the requirement pursuant to the regulations in 49 CFR 661. Buy America Certification Name of Company Printed Name of Person Completing Form AECOM Technical Services, Inc. Wendy Lopez Date Signature 12-21-2020 Not Applicable to this Contract II. SPECIAL PROJECT TYPE PROVISIONS - the following addenda are attached and endorsed as appropriate: A. Construction or Architectural & Engineering Projects B. Transit Operations or Management Projects ❑ C. Intelligent Transportation System or Research & Development ❑ AECOM FORMS ' Consolidated Certification Form page' of Addendum A - Construction and A & E Projects In this form, "recipient" means the transit agency [insert name of transit agency] City of Lubbock. TX (CitibUS) I. Davis -Bacon and Copeland Anti -Kickback Acts (construction projects exceeding $2,000) (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications & wage rates conformed under para. (1)(ii) of this section) and the Davis - Bacon poster (WH-1321) shall be posted at all times by the contractor and subcontractors at the work site in a prominent / accessible place where it can be easily seen by workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2 (n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (III) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. AECOM FORMS Page 2 of 6 (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor, laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the recipient may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. AECOM FORMS Page 3 of 6 (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the recipient for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails AECOM FORMS Page 4 of 6 for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall conform with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. AECOM FORMS Page 5 of 6 It. Seismic Safety The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. Davis -Bacon Act, Copeland Anti -Kickback Act, and Seismic Safety Certification Name of Company Printed Name of Person Completing Form AECOM Technical Services, Inc. Wendy Lopez Date Signature 12-21-2020 "07 - J III. Bid Bond Requirements (Construction projects over $100,000) (a) Bid Security - A Bid Bond must be issued by a fully qualified surety company acceptable to the recipient and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved - In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the recipient to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of the recipient. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of the recipient, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of the recipient damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the recipient as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense the recipient for the damages occasioned by default, then the undersigned bidder agrees to indemnify the recipient and pay over to the recipient the difference between the bid security and the recipient's total damages, so as to make the recipient whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds - 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the recipient determines that a lesser amount would be adequate for the protection of the recipient. 2. The recipient may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The recipient may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds - 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the recipient may require additional protection as required by subparagraph 1 if the contract price is increased. AECOM FORMS Page 6 of 6 Performance and Payment Bonding Requirements (Non -Construction) - The Contractor may be required to obtain performance and payment bonds when necessary to protect the recipient's interest. (a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the recipient determines that a lesser amount would be adequate for the protection of the recipient. 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The recipient may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements - The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The recipient shall determine the amount of the advance payment bond necessary to protect the recipient. Patent Infringement Bonding Requirements (Patent Indemnity) - The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The transit agency shall determine the amount of the patent indemnity to protect the transit agency. Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to the recipient, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the recipient, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by [insert name of Project Manager] , the Contractor shall furnish satisfactory evidence as to the kind and quality o materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by the recipient and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to the recipient. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to the recipient written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). Bid Bond Requirements (Construction projects over $100,000) Certification Name of Company Printed Name of Person Completing Form AECOM Technical Services, Inc. Wendy Lopez, PE Date Signature 12-21-2020 Not applicable to this contract AECOM FORMS Marta Alvarez From: Ittigson, Andrew <andrew.ittigson@aecom.com> Sent: Friday, March 26, 2021 9:51 AM To: Marta Alvarez•, Chris Mandrell Subject: RE: 1295 Form Hi Marta, I spoke to our Legal group and they said that as a wholly owned subsidiary of a publicly traded company, AECOM Technical Services (ATS) is not required to file the form 1295. Let me know if you have any questions or need additional information. Thanks, Andrew Andrew Ittigson Project Manager/Senior Transit Planner M +1-510-552-6899 andrew.ittioson &aecom.com AECOM 13355 Noel Road, Suite 400 Dallas, TX 75240 aecom.com Built to deliver a better world Linkedin Twitter Facebook Instagram From: Marta Alvarez<MAlvarez@mail.ci.lubbock.tx.us> Sent: Tuesday, March 23, 2021 11:15 AM To: Ittigson, Andrew <andrew.ittigson@aecom.com>; Chris Mandrell <cmandrell@mylubbock.us> Subject: [EXTERNAL] 1295 Form Good morning, I will need the 1295 required by TEC. Please see the attached. For Box 3 — use 15682. Call me if you have questions. Thank you Marta Alvarez, MPA, CTPM, CTCM, Director of Purchasing and Contract Management 806-775-2572 806-319-0507 Fax 806-775-2164